States of Jersey Law 2005: delegation of functions – Education, Sport and Culture.

STATES OF JERSEY

STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – EDUCATION, SPORT AND CULTURE

Presented to the States on 13th August 2009 by the Minister for Education, Sport and Culture

STATES GREFFE

2009   Price code: B  R.90

REPORT

On  11th  August  2009,  the  Minister  for  Education,  Sport  and  Culture  made  a Ministerial Decision delegating certain of his functions under Article 28 of the States of Jersey Law 2005 (MD-ESC-2009-0016, available at www.gov.je).

The terms of the delegations, and the legislation under which those delegations were made,  were  recorded in  a  Report  attached  to the Ministerial  Decision,  as  shown below –

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1. Introduction

In  March  2009 the Minister for  Education,  Sport  and  Culture decided to delegate certain functions under Article 28 of the States of Jersey Law, and this decision was published in the Ministerial Decisions' section of the States of Jersey website (www.gov.je). The ESC Department has since been advised that it is now a requirement under the States of Jersey Law for this decision to be published in the R' series as a report to the States.

2. States of Jersey Law

The power of the Minister to delegate functions is set out at Article 28 of the States of Jersey Law 2005 as follows –

"28  Power of Minister to delegate functions

1. A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

1. one of his or her Assistant Ministers;
2. an officer.

2. A Minister shall not delegate –

1. any power to make an enactment;
2. any power to decide an appeal under an enactment;
3. any function the delegation of which is prohibited by an enactment.

3. The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally."

3. The rationale behind delegation

The  delegation  of  authority  in  respect  of  a  significant  number  of administrative areas is intended to release the Minister from potentially time- consuming business, thus enabling him to focus on matters of policy and governance  with  the  freedom  to  establish  framework  and  review administrative decisions as appropriate.

4. Delegation of Functions

The Schedule identifies items for which Ministerial Decisions are necessary and those which may be delegated to the Director.

The level of authority for each item presumes that –

1. decisions made under delegated authority will be made in accordance with  existing  policies  already  approved  by  the  Minister  or  the Education, Sport and Culture Committee as formerly constituted;
2. decisions made under delegated authority and marked by [R] in the Schedule shall be reported to the Minister at the earliest opportunity;
3. decisions which may be made within existing policies but which may prove to be contentious, will be referred to the Minister as necessary; and
4. decisions on issues which fall outside or are not covered by existing policies  will  be  referred  to the  Minister  for  approval,  in which circumstances  the  decision  would  be  reflected  in all  similar circumstances.

Schedule of Delegated Functions – February 2009 Education, Sport and Culture RESPONSIBILITY FOR FUNCTIONS

• MINISTER   DIRECTOR

2. SERVICE MANAGEMENT  
   • 1.1  Service Development:  
     • (a)  Review and publication of achievements   R  
       • (b)  Transfer of functions to other Ministries    
         • 1.2  Strategic and Business Planning:  
           • (a)  Approval of Strategic Plans    
             • (b)  Approval of Business Plans   R  
               • 1.3  Revenue Budgets:*  

(a)  Approval of Decision Conference  

• submissions  
  • (b)  Acceptance of Cash Limit    
    • (c)  Approval of budgets   R  
      • (d)  Approval of transfers   R  
        • (e)  Approval of quarterly reports   R  
          • (f)  Approval of final accounts   R  
            • (g)  Review of Audit Committee reports   R  
              • 1.4  Capital Budgets:*  

(a)  Approval of Decision Conferencing  

• submissions  
  • (b)  Approval of Capital Programme    
    • (c)  Minor Capital Allocations  

• 1.5  Health and Safety:  
  • (a)  Approval of Policy    
    • (b)  Approval of Arrangements  
      • 1.6  Schools and Colleges:  
        • (a)  Approval of policies    
          • (b)  Determination of procedures  
            • (c)  Approval of publication of reports   R